Re: Humphrey's Executor v. United States

'Unitary executive' theory may reach Supreme Court as Trump wields
sweeping power
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    Summary

    "Unitary executive" theory was formulated in the 1980s
    Trump asserts sweeping control over US executive branch
    His firing of Democratic NLRB member may be a test case

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Trump's firing of a member of the National Labor Relations Board, an
independent executive branch agency created by Congress, may test the
willingness of the nation's top judicial body to embrace the robust
view of the theory that Trump's administration is expected to present.
And the nine justices could be asked to overturn a 90-year-old Supreme
Court precedent that limits a president's ability to dismiss certain
agency heads.
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Wilcox has argued in a lawsuit that her removal violated a federal law
that allows a president to oust a board member only for neglect of
duty or malfeasance in office. Wilcox's lawsuit cited the Supreme
Court's 1935 ruling in a case called Humphrey's Executor v. United
States.

That ruling involved a conservative-majority Supreme Court restraining
the actions of a Democratic president, Franklin Roosevelt. It decided
that a president does not have unfettered power to remove
commissioners of the U.S. Federal Trade Commission after Roosevelt
fired an FTC commissioner over policy differences.

https://www.reuters.com/legal/unitary-executive-theory-may-reach-supreme-court-trump-wields-sweeping-power-2025-02-14/